This appeal is filed by the appellant-petitioner

under Section 173(1) of M.V.Act, challenging the

judgment and award dated 22.05.2015 passed in MVC

No.24/2012 by the Senior Civil Judge & MACT,

Jewargi, whereby the tribunal has dismissed the claim

petition filed by the petitioner.

2.

For the sake of convenience, parties are

referred with the ranks occupied by them before the

Tribunal.

3.

The factual matrix leading to the case are

that on 25.06.2011 morning at 9.00 a.m., the

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petitioner was proceeding in KSRTC bus bearing

registration No.KA-28/F-1615 to go to Gurusangi

village as she was working there as an Anganawadi

worker and she was traveling in the said KSRTC bus.

It is further alleged that at about 10.00 am., when the

said bus reached near the bus-stop of Gurusangi

village, she has requested the conductor to stop the

bus and under the impression that the driver is going

to stop the bus, she attempted to get down from the

bus and as the driver drove it in a high speed, she

suddenly fell down from the bus and sustained

injuries. Hence, she filed the claim petition under

Section 166 of M.V.Act, claiming compensation of

Rs.3,50,000/- in respect of injuries sustained by her.

4.

The respondent No.2-Corporation appeared

and filed objections denying the allegations and

assertions made thereunder contending that the

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petitioner has attempted to get down from moving

bus and fall on her own and there is no actionable

negligence on the part of the driver of the bus and the

petitioner herself has contributed to the accident and

as such disputed the claim and sought for dismissal of

the claim petition.

5.

After

appreciating

oral

documentary evidence, the tribunal has dismissed the

claim petition on the ground that the petitioner

attempted to get down from a moving bus and she

herself has contributed to the accident and there is no

actionable negligence on the part of the driver of the

offending bus.

6.

Being aggrieved by this judgment and

award passed by the tribunal, the appellant-petitioner

has filed this appeal.

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7.

Heard the arguments advanced by the

learned counsel for the appellant-petitioner and

learned counsel for the respondent No.2-Corporation.

Perused the records.

8.

Learned counsel for the appellant-petitioner

would contend that the accident is because of

actionable negligence on the part of the driver of the

offending bus and he was being prosecuted by the

concerned police regarding this accident which clearly

establish that there is actionable negligence and hence

he would contend that the tribunal is not justified in

rejecting the claim petition. Hence, he would seek for

setting aside the impugned judgment and award by

allowing the claim petition by awarding compensation

of Rs.3,50,000/- as prayed for.

9.

Per

contra,

learned

counsel

for

respondent

No.2-Corporation

would

support

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judgment

passed

by

tribunal

contending that her own statement clearly disclose

that the petitioner intended to get down from a

moving bus and as such she herself is cause for the

accident and she being a tort-feasor cannot seek any

compensation.

10.

Having heard the arguments and perusing

the records, it is evident that the petitioner fell from a

moving vehicle and sustained injuries, which is not

under dispute. However, the petitioner asserts that it

is because of actionable negligence on the part of the

driver of the bus, but her claim petition itself disclose

that she has requested the conductor to stop the bus

and under the apprehension that driver is going to

stop the bus, she came near the door and as the

driver drove it in a rash and negligent manner and she

fell from the door resulting in the accident. However,

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the contents of Ex.P2-complaint are entirely different

and contrary and in the evidence given before the

tribunal, the complainant tried to make out a new

case. The stand taken by the petitioner in the

complaint in the criminal case as well as before the

tribunal are inconsistent and contrary. All along it is

asserted that she came